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Home My Public Portal About05-25-99 Zoning Meeting.tifMINUTES VILLAGE ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY MAY 25, 1999 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by the Mayor at 7 00 pm Present were Councilmembers Martha F Broucek, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C Han (arrived at 7 05 p m) and Mayor Joe I Rasco Councilmembers Scott Bass and Alan H Fein were absent Also present were Village Manager C Samuel Kissinger, Deputy Village Clerk Pamela J Rome and Village Attorneys Richard Weiss and Jeff Sheffel 2 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance 3 CONSENT AGENDA The following consent agenda was approved by a 4-0 voice vote The vote was as follows Councilmembers Broucek, Fried, Oldakowski and Mayor Rasco voting Yes The minutes of the Civic Center Financing Options Workshop of May 18, 1999 and the minutes of the Regular Council Meeting of May 11, 1999 4 BUILDING, ZONING AND PLANNING Hearing Number 99 -03 -30 -SP -01 Fininvest Investments, Lmt , 200 Crandon Boulevard, the applicant is requesting approval of a site plan for a residential development that faces Fernwood Road The residential development is part of a mixed use project that was approved by council on February 24, 1998 1 of May 25 1999 Councilmember Broucek made a motion to defer this hearing to July 6, 1999 The motion was seconded by Vice Mayor Han and approved by a 4-1 voice vote The vote was as follows Councilmembers Broucek Fried, Oldakowski and Mayor Rasco voting Yes Vice Mayor Han voting No The Attorney for the applicant addressed the Council stating his objection to the deferral of this hearing 5 ORDINANCES The Deputy Clerk read the following ordinance, by title on first reading AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR PROPOSED AMENDMENT OF THE VILLAGE CHARTER, BY AMENDING ARTICLE VII "GENERAL PROVISIONS" BY CREATING SECTION 7 08, "CHARACTER OF RESIDENTIAL STREETS," PROVIDING FOR RESTRICTION UPON ACTION BY THE VILLAGE TO ALTER LANDSCAPING AND IMPROVEMENTS UPON SWALE AREAS OF STREETS, PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS, CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENT TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, OCTOBER 5, 1999, PROVIDING FOR NOTICE OF ELECTION, PROVIDING FOR INCLUSION IN THE CHARTER, PROVIDING FOR EFFECTIVE DATE Mayor Rasco made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember Broucek The Mayor opened the public hearing There were no speakers The Mayor closed the public hearing The Attorney addressed the Council regarding this ordinance The ordinance was adopted by a 5-0 roll call vote The vote was as follows Councilmembers Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes The Deputy Clerk announced that the second reading of this ordinance will be on June 8, 1999 Mayor Rasco introduced "Chip" Iglesias from Commissioner Jimmy Morales' office who addressed the Council Mr Iglesias announced that he will no longer be attached to the Commissioner's office He was grateful for the opportunity to serve the people of Key Biscayne Ms Bonnie Sockel-Stone will be replacing him At this time Councilmember Fried requested that a letter from Commissioner Jimmy Morales regarding the one cent tax be placed on the agenda for the June 8, 1999 meeting 2 of 5 May 25 1999 The Deputy Clerk read the following ordinance, by title, on second reading AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CREATING CHAPTER 21, STREETS AND SIDEWALKS, TO PROVIDE REGULATIONS FOR THE PLACEMENT OF LANDSCAPING MATERIALS IN THE UNPAVED PORTION OF THE CITY'S RIGHTS -OF -WAY, PROVIDING FOR SEVERABILITY, PROVIDING FOR EFFECTIVE DATE Councilmember Fried made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Oldakowski Vice Mayor Han made an amending motion to amend Section 21-11(a) to add "and not less than three feet from the edge of pavement", to the sentence ending from the base of any street tree The motion was seconded by Councilmember Broucek and approved by a 5-0 roll call vote The vote was as follows Councilmembers Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council recommending the adoption of this amendment The vote regarding this amendment was deferred until the end of discussion of the ordinance Village Attorney, Jeff Sheffel addressed the Council regarding this ordinance The Mayor opened the public hearing Bill Ofgant, 510 Fernwood Road, Michelle Barnett, 355 Westwood, Jim Peters, 561 Allendale Road, Jim Taintor, 355 Harbor Drive, Haydee Archibald, 881 Ocean Drive, Craig Henry, 40 Island Dnve, Pat Weinman, 940 Manner Drive, Larry Radzville, 77 Crandon Boulevard addressed the Council The Mayor closed the public hearing At this time the Attorney requested a short recess to discuss the changes with Director Kurlancheek in order to facilitate amending the ordinance When the meeting resumed, Mayor Rasco suggested that the changes be taken in order It was the consensus of Council to correct a scnbner's error in the title of the ordinance from "City" to "Village" Councilmember Fried made a motion to insert the word "public" before the words "right of way" throughout the ordinance The motion was seconded by Councilmember Broucek and approved by a 5-0 roll call vote The vote was as follows Councilmembers Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes 3 of 5 May 25 1999 It was the consensus of Council to amend Section 21-11(5e), to add the words "or is installed" after "When a sidewalk exists" The Attorney addressed the Council regarding Section 21-11(f) recommending that the following points be approved 1) 60 days notice by registered mail and in the paper of a meeting at which a project requiring removal is considered, 2) a public hearing on the project, 3) after the public hearing, owners must remove the landscaping within 90 days of a registered mail notice, 4) you can waive the 90 days in the case of an emergency, 5 ) if the owner fails to remove the landscaping, the Village will remove it at the Village's expense, 6 ) the Village may, after the project is completed, re -landscape or not, 7 ) if the Village determines to re -landscape, the maintenance and the risk of survival are at the property owner's expense Councilmember Broucek made a motion to amend Section 21-11(f) with the above changes The motion was seconded by Vice Mayor Han and approved by a 5-0 roll call vote The vote was as follows Councilmembers Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes The ordinance as amended was adopted on second reading by a 5-0 roll call vote The vote was as follows Councilmembers Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes 6 OTHER BUSINESS/GENERAL DISCUSSION Mayor Rasco announced that a meeting of the Florida Commission appointed by the Governor to review the Florida Building Code will take place on June 9, 1999 The Mayor requested consensus from Council to support Miami -Dade County's resolution to insure that the existing Building Code is not weakened to negate the gains made over the last seven years Vice Mayor Han made a motion to adopt, on an emergency basis, a resolution that has been adopted by the County regarding this issue The motion was seconded by Councilmember Broucek and approved by a 5-0 voice vote The vote was as follows Councilmembers Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Broucek addressed the Council regarding quasi-judicial hearings It was the consensus of Council to direct the Attorney to draft a resolution or an amendment to the procedural rules of the Council for the June 8, 1999 meeting 7 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and the public 8 ADJOURNMENT The meeting was adjourned at 8 50 p m 4 of 5 May 25, 1999 Res p e(f'ully submitted ,d/P, amela J Rome Deputy Village Clerk Approved Joe I Rasco Mayor day of u e 1999 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 5of5